INFRINGEMENT OF THE FREEDOMS AND RIGHTS GUARANTEED TO CITIZENS
LexInter | May 7, 2019 | 0 Comments

INFRINGEMENT OF THE FREEDOMS AND RIGHTS GUARANTEED TO CITIZENS

Section l

Offenses relating to the exercise of civic rights

(Article 219)

Article 219

(modified by the Law No. 1692)

 Infractions committed during elections as well as during referendums, whether before, during or after the ballot, are punished as provided by the legislation relating to these matters.

Section II

Offenses relating to the exercise of worship

(Articles 220 to 223)

Article 220

Anyone who, by violence or threats, has forced or prevented one or more people from exercising a worship, or from attending the exercise of this worship, is punished by imprisonment from six months to three years and a fine of 100 to 500 dirhams.

Anyone who uses seductive means with the aim of undermining the faith of a Muslim or converting him to another religion, either by exploiting his weakness or his needs, or by using for these purposes is punished with the same penalty. educational, health, asylums or orphanages. In the event of a conviction, the closure of the establishment which was used to commit the offense may be ordered, either definitively or for a period which may not exceed three years.

Article 221

Anyone who willfully obstructs the exercise of a cult or a religious ceremony, or willfully causes a disorder likely to disturb its serenity, is punished by imprisonment of six months to three years and a fine of 100 to 500 dirhams.

Article 222

Whoever, notoriously known for his belonging to the Muslim religion, ostensibly breaks the fast in a public place during the time of Ramadan, without a reason admitted by this religion, is punished with imprisonment from one to six months and one fine of 12 to 120 dirhams.

Article 223

Anyone who willfully destroys, degrades or defiles buildings, monuments or objects

serving for worship, is punished by imprisonment of six months to three years and a fine of 100 to 500 dirhams.

 Section IIP (*)

Abuse of authority committed by officials against individuals and the practice of torture

(Articles 224 to 232)

Article 224

Are deemed to be public officials, for the application of criminal law, all persons who, under a name and to any extent whatsoever, are invested with a function or a mandate, even temporary, remunerated or free and compete in this capacity, at the service of the State, public administrations, municipalities, public establishments or a service of public interest.

The quality of public servant is assessed on the day of the interaction; it remains however after the termination of the functions when it facilitated or allowed the accomplishment of the offense.

Article 225

Any magistrate, any public official, agent or servant of the authority or of the public force who orders or does some arbitrary act, infringing either on individual freedom or on the civil rights of one or more citizens, is punished with civic degradation.

If he can justify having acted by order of his hierarchical superiors in a field of their competence, for which he owed them obedience, he benefits from an absolutory excuse. In this case, the penalty is applied only to the superiors who gave the order.

If the arbitrary act or act infringing on individual liberty has been committed or ordered in a private interest or for the satisfaction of personal passions, the penalty incurred is that laid down in articles 436 to 440.

Article 226

The crimes provided for in article 225 engage the personal civil responsibility of their author as well as that of the State, except recourse of the latter against the said author.

Article 227

Public officials, law enforcement officials, public authority officials, in charge of the administrative or judicial police, who have refused or neglected to submit to a complaint tending to note illegal and arbitrary detention, either in establishments or premises assigned to the custody of detainees, or everywhere else, and which do not justify having reported to the higher authority, are punished with civic degradation.

Article 228

Any supervisor or guard ‘of a penitentiary establishment or of a room assigned to the custody of detainees who has received a prisoner without one of the regular detention titles provided for in article 653 of the Code of Criminal Procedure or has refused, without justifying of the defense of the investigating magistrate, to present this prisoner to the authorities or persons empowered to visit him, under the provisions of articles 660 to 662 of the Code of Criminal Procedure, or refused to present his registers to said authorized persons, is guilty of detention arbitrary and punishable by imprisonment of six months to two years and a fine of 100 to 500 dirhams.

Article 229

Any magistrate of the judicial order, any judicial police officer who, except in the case of flagrante delicto, initiates proceedings, issues or signs an order or judgment, or issues a judicial warrant against a person who was beneficiary of an immunity, without having previously obtained the waiver of this immunity in the legal forms, is punished with civic degradation.

Article 230

Any magistrate, any public official, any agent or servant of the authority or the public force who, acting as such, enters the domain of an individual, against the will of the latter, except in the cases provided for by by law, is punished by imprisonment from one month to one year and a fine of 50 to 500 dirhams.

The provisions of article 225, paragraph 2 °, are applicable to the offense provided for in this article.

Article 231

(amended and supplemented by the Law No. 43.04)

Any magistrate, any public official, any agent or servant of the authority or of the public force who, without legitimate reason, uses or causes to be used violence towards persons in the exercise or on the occasion of the exercise of his functions, is punished for such violence and according to its seriousness, according to the provisions of articles 401 to 403; but the applicable penalty is increased as follows

– if it is a police offense or a correctional offense, the applicable penalty is increased to double that provided for the offense;

– if it is a matter of a crime punishable by imprisonment of five to ten years, the penalty is imprisonment of ten to fifteen years;

– if it is a matter of a crime punished by imprisonment of ten to twenty years, the penalty is imprisonment of twenty to thirty years.

Article 231-1 (‘)

For the purposes of this section, the term torture means any act which causes severe physical or mental pain or suffering, committed intentionally by a public official or at his instigation or with his express or tacit consent, inflicted on a person.

for the purpose of intimidating or exerting pressure on them or putting pressure on a third person, to obtain information or indications or confessions, to punish them for an act that they or a third person has committed or is suspected for having committed or when such pain or suffering is inflicted on any other ground based on any form of discrimination. The term does not extend to pain or suffering resulting solely from legal sanctions or occasioned by or inherent in such sanctions.

Article 231-2

Without prejudice to more serious penalties, is punished with imprisonment of five to fifteen years and a fine of 10,000 to 30,000 dirhams any public official who has practiced the torture provided for in article 231-1 above.

Article 231-3

Without prejudice to more serious penalties, the penalty is imprisonment of ten to twenty years and the fine of 20,000 to 50,000 dirhams if torture is committed:

(*) Honey from 231-1 to 231-8 were added by law n ‘43.04 published in BO n’ 5400 of March 2, 2006. p. 342.

 – on a magistrate, a police officer or a public official in the exercise or on the occasion of the exercise of his functions;

– on a witness, a victim or a civil party either because he has made a statement, lodged a complaint or instituted legal proceedings or to prevent him from making a statement, filing a complaint or taking legal action ;

– by several people acting as authors or accomplices;

– with premeditation or with the use or threat of a weapon.

Article 231-4

– The penalty is life imprisonment:

-when torture is committed on a minor under the age of 18;

– when it is committed on a person whose vulnerable situation, due to his age, to an illness, to a handicap, to a physical or psychic deficiency is apparent or known to the perpetrator of the torture;

-when it is committed on a pregnant woman whose pregnancy is apparent or known to the perpetrator of the torture;

-when it is preceded, accompanied or followed by sexual assault.

The same penalty is applicable when torture is exercised in the usual way.

Article 231-5

Without prejudice to more serious penalties, when torture results in mutilation, amputation, deprivation of the use of a limb, blindness6. loss of an eye or any other permanent infirmity, the penalty is imprisonment from ten to twenty years.

In the event of premeditation or use of a weapon, the penalty is imprisonment of twenty to thirty years.

Article 231-6

Without prejudice to more serious penalties, any torture which has resulted in death without the intention of giving it is punished by imprisonment from twenty to thirty years.

In the event of premeditation or use of weapons, the penalty is life imprisonment.

Article 231-7

In all the cases provided for in articles 231-2 to 231-6, the court must, when pronouncing a tort, order the prohibition of the exercise of one or more of the civic, civil or family rights referred to in article 26 of this code for a period of two to ten years.

Article 231-8

In all the cases provided for in Articles 231-2 to 231-6 above, the court must, when pronouncing the sentence, order:

– confiscation of things and objects used to commit torture;

-the publication and display of its decision in accordance with the provisions of article 48 of this code.

Article 232

Any public official, any agent of the Government, any employee or agent of the postal service who opens, misappropriates or deletes letters entrusted to the post office or who facilitates the opening, misappropriation or deletion of them, is punished by a imprisonment from three months to five years and a fine of 100 to 1,000 dirhams.

Any employee or agent of the telegraph service who misappropriates or suppresses a telegram or divulges its contents is punished with the same penalty.

The culprit is, moreover, banned from all public functions or jobs for at least five years and at most ten years.

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